HomeMy Public PortalAbout001-2022 - Establishing Policy That Members of the Commission Can Participate by Electronic Means to Communicate CITY OF RICHMOND,INDIANA
UNSAFE BUILDING COMMISSION
RESOLUTION-NO. 1-2022
A RESOLUTION ESTABLISHING THE POLICY BY WHICH
MEMBERS OF THE UNSAFE BUILDING COMMISSION MAY
PARTICIPATE BY ELECTRONIC MEANS OF COMMUNICATION
WHEREAS, Public Law 88-2021 (HEA 1437), Sec. 5, amended IC 5-14-1.5-1 et seq. (Act),
effective April 20, 2021, by amending IC 5-14-1.5-3.5 to prescribe new -
requirements by which members of a board or commission of a public agency of a
political subdivision may participate in a meeting by any electronic means of
communication; and
WHEREAS, A member of the board or commission may participate by any means of
communication which allows all participating members of the board to
simultaneously communicate with each other and, except for a meeting that is an
executive session, allows the public to simultaneously attend and observe the
meeting;
WHEREAS, The Act requires the board or commission to adopt a written policy establishing the
procedures which apply to a member's participation in a meeting by an electronic
means of communication and may adopt procedures that are more restrictive than
the procedures established by I 5-14-1.5-3.5(d); and
WHEREAS, The Richmond Unsafe Building Commission ("Commission" or "UBC") is a
statutory commission of the City of Richmond, Indiana, and the Commission
wishes to adopt the procedures set forth in this Resolution to permit the
Commission members to participate electronically in meetings as limited by the
above-described Act and as limited by the policy and procedures adopted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE UNSAFE BUILDING
COMMISSION OF THE CITY OF RICHMOND, INDIANA,AS FOLLOWS:
Section 1.
(a) The provisions of the Act, including definitions, apply to this Resolution.
(b) This resolution shall be known as the "Electronic Meetings Policy" of the Richmond
Unsafe Building Commission ("Commission" or "UBC") and applies to the UBC and its
members.
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Section 2.
(a) Subject to Sections 3,any member may participate in a meeting by any electronic means
of communication that: (i) allows all participating members of the Commission to
simultaneously communicate with each other; and (ii) other than a meeting that is an
executive session, allows the public to simultaneously attend and observe the meeting.
(b) A member who participates by an electronic means of communication: (i) shall be
considered present for purposes of establishing a quorum; and may participate in final
action only if the member can be seen and heard. -
(c)All votes taken during a meeting at which at least one (1) member participates by an
electronic means of communication must be taken by roll call vote.
Section 3.
(a) At least fifty percent (50%) of the members must be physically present at a meeting at
which a member will participate by means of electronic communication. Not more than
fifty percent (50%) of the members may participate by an electronic means of
communication at that same meeting.
(b)A member may not attend more than a fifty percent(50%)of the meetings in a calendar
year by an electronic means of communication, unless the member's electronic
participation is due to:
(1)military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons or property.
(c) A member may attend two (2) consecutive meetings (a set of meetings) by electronic
communication. A member must attend in person at least one (1) meeting between sets of
meetings that the member attends by electronic communication, unless the member's
absence is due to:
(1)military service;
(2) illness or other medical condition;
(3) death of a relative; or
(4) an emergency involving actual or threatened injury to persons or property.
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Section 4.
(a)The minutes or memoranda of a meeting at which any member participates by electronic
means of communication must:
(1) identify each member who:
(A)was physically present at the meeting;
(B)participated in the meeting by electronic means of communication; and
(C)was absent; and
(2) identify the electronic means of communication by which:
(A)members participated in the meeting; and
(B)members of the public attended and observed the meeting, if the meeting was
not an executive session.
Section 5.
(a)If an emergency is declared by:
(1)the governor under IC 10-14-3-12; or
(2)the mayor under IC 10-14-3-29;
members are not required to be physically present for a meeting until the emergency is
terminated.
(b) Members may participate in a meeting by any means of communication provided that:
(1) At least a quorum of the members participate in the meeting by means of electronic
communication or in person.
(2) The public may simultaneously attend and observe the meeting unless the meeting is
an executive session.
(3) The minutes or memoranda of the meeting must comply with Section 4 of this
resolution.
(c) All votes taken during a meeting at which at least one member participates by an
electronic means of communication must be taken by roll call vote.
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Section 6.
(a) This resolution shall be effective from and after adoption by this board.
Adopted this 19th day of April, 2022.
RICHMOND UNSAFE
BUILDING COMMISSION
_1
Dwayne Heeter, President
/wit
Diane Whitehead, Member
Approved:
Snow, ayor
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